Legal Question in Employment Law in Florida

can i take my exemployer to small claims court?
on 2-14-2008 my employer chose to fire me because I would not give my letter of resignation when she paid me the last check that I was owed it was $3.00 less per hour then my regular pay was is it possible to get this money that I am owed from her in small claims court

Asked on 2/17/08, 12:21 pm

2 Answers from Attorneys

Bob McCormack Lewis Brisbois Bisgaard & Smith LLC

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Re: can i take my exemployer to small claims court?

This is not a unique situation. Under the FLSA, employers are only required to pay minimum wage. Many employers think that this means that they can pay only minimum wage for the last pay check and get away with not paying the normal hourly rate. If you worked under an agreement (whether written or not) that you would be paid a certain hourly rate for work performed, then you may go after your employer for the balance of what you would normally be paid versus what you were actually paid. Sometimes employers may have what is called a "set off" against this amount. If, for example, you had an ongoing payroll deduction for something that you have possession of, the employer may be authorized to deduct the balaance of what you owe. You may also be entitled to earned but unpaid vacation time, depending on the circumstances.

Answered on 2/18/08, 9:50 am

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